Constitutionalists argue that the draft amendment to the Constitution concerning the Constitutional Court (CC) must be supplemented. Their suggestions include limiting the anticipation of moving to the TK for deputy ministers and councillors, and clearly defining the position of alleged double judges. These proposals and doubts are presented in 5 expert reports, which have just been made available by the Senate. The draft amendment of the Constitution, which is part of the alleged four-pack Bodnar – the planned thorough improvement of the Constitutional Court, is now under analysis.
Part of this plan consists of an already passed parliamentary resolution and 2 drafts of laws conducted in the Sejm. The proposed amendments to the Basic Act include, inter alia, the expiry of the word of office of judges, the change in the way they were appointed, the introduction of a four-year grace for those who had circumstantial political functions, specified as Members, Senators or members of the government. Furthermore, the proposed amendments supply a basis for the wider application by courts of distributed constitutional control.
The motion to take a legislative initiative on this substance was tabled in early March by the Senators of the ruling coalition. For more than 2 months, constitutional expertise has been received by the legislature legislative committee.
The legislature published these opinions on Monday. Experts emphasise the importance and request of changes that can contribute to the resolution of the current constitutional crisis. However, they point to the request to supplement any of the proposed provisions, specified as the extension of the direct application of the Constitution by courts, or alleged distributed constitutional control.
This solution is positively assessed by the constitutionists, as it may reduce the burden on the Court and velocity up the resolution of cases where doubts arise as to the constitutional compatibility of the rules. prof. Marcin Matczak, however, notes that there is simply a hazard of differences in the explanation of the Constitution and its direct application by courts of different instances. For this reason, it recommends measures to guarantee the uniformity of the case-law, for example through the supervision of the ultimate Court.
Professor Hubert Izdebski suggests adding a transitional provision to guarantee that proceedings concerning legal questions addressed to the Court before the entry into force of the fresh law are conducted in accordance with the existing rules. This is to prevent the Court from refusing to answer these questions.
Dr. Sławomir Patyra expresses any doubts about the introduction of this provision, recognising it as decorative and fearing that it may overly restrict the dispersed control of constitutionality or be applied in a manner contrary to the existing model of centralised constitutional control in Poland.
Not for vice ministers, councillors and presidents.
Despite the affirmative assessment of experts on the proposal to make it hard for politicians to elect judges for the Constitutional Court (CC), any have reservations. According to prof. Andrzej Jackievicz, a four-year grace in the performance of certain political functions may not be sufficient, so it proposes to extend this period. It besides suggests considering extending the scope of persons subject to specified a penalty. Professors Marcin Matczak and Mariusz Jabłoński express akin doubts. The last 1 asks: “Why can a individual elected without regulation take up a position if he has ceased his function as president of the Republic of Poland, Deputy Minister, Secretary of State or even Councillor?”
The constitutionalists besides express reservations about the proposal to end the word of office of the current judges of the Constitutional Tribunal with the entry into force of the Constitution amendment. prof. Matczak suggests adding a clear regulation on the position of alleged understudy judges and stating that neither their word of office nor their right to retire. prof. Patyr says the same thing.
– The proposed regulation equates their position with the remaining 12 legal judges of the Court, as a result, making them beneficiaries of the ‘retired’ mechanism, the constitutionalist considers.
The legislature legislative committee will begin work on a draft amendment of the Constitution on Thursday at first reading. According to the president of the committee, Senator Krzysztof Kwiatkowski, he is open to comments, suggestions and proposals for changes to the project, given the nature and importance of this reform.
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Changes to the Constitution concerning the repair of the CCC occupied by the CCC request to be modified
